The above-captioned case was scheduled for hearing on June 12, 2001 at 1:30 P.M. At that time, Vice Chairman Richard and Commissioners Newbrook, O’Connell, Pearson, Burlingame and Filippi were present. Commissioner Coutu recused himself from consideration of this case. The fire service was represented by the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

The numbers of the Decision below correspond with those of an October 19, 2000 inspection report compiled by the Central Falls Fire Marshal’s Office. The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshal’s Office during the June 12, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the October 19, 2000 inspection report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. 

Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term “approved”, as used herein, is defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.  The Board hereby grants a variance from the provisions of section 23-28.8-6 in order to allow the Applicant to continue to utilize a ladder as part of the fire escape system of this facility.  

2. The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain the existing construction and rating of the stairways of this facility as modified herein and further allow the use of window access to the fire escape.  In granting this variance, the Board directs the Applicant remove all locks for the bedroom doors servicing the fire escape.

3. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to provide the existing apartment and basement door jambs of this facility with approved solid core wood doors having an approximate fire rating of twenty minutes. The above doors shall be installed with spring loaded hinges at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.  The Board further grants a variance for the above provisions in order to allow the Applicant to maintain the existing construction of the egress walls and ceilings.

4. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the cited winding stairways within this facility.

5. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the cited egress doors with approved spring loaded hinges installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

6. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the existing apartment and basement door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty minutes.  The above doors shall be installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

7. It is the understanding of the Board that deficiency 7 is grandfathered and not being requested by the Central Falls Fire Marshal's office.

8. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Central Falls Fire Marshal, within 120 days of the date of this decision.

9. The Board hereby grants an optional variance from the provisions of section 23-28.16-13 in order to allow the Applicant to provide each of the apartment units of this facility with an approved fire extinguisher installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 15 days of the date of this decision.  

10. The Board hereby grants a variance from the provisions of section 23-28.16-14 in order to allow the Applicant to provide the common areas of this facility with an approved, properly engineered, system of domestically supplied sprinkler heads, covering both sides of the egress system doors, installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

11. As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Central Falls Fire Marshal within 120 days of the date of this decision.

STATUS OF DECISION AND APPEAL RIGHTS

This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicant’s timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board. ( See: Board Rules and Regulations, section 6-2-17).

Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein. (See: Board Rules and Regulations, section 6-2-18)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification. (See: Board Rules and Regulations, section 6-2-19).  Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy. (See: Board Rules and Regulations, section 6-2-20).

The Applicant may appeal the Board’s Decision, within thirty (30) days of 
the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].